HB 0377 2004
1	A bill to be entitled
2	An act relating to traffic control; amending s. 316.003,
3	F.S.; revising the definition of "official traffic control
4	devices"; amending s. 316.006, F.S.; revising jurisdiction
5	provisions to provide for devices to enforce traffic
6	control signals; amending s. 316.0745, F.S.; providing for
7	a uniform system of traffic control signal enforcement
8	devices to be included in the uniform system of traffic
9	control devices adopted by the Department of
10	Transportation; providing for inclusion of traffic control
11	signal enforcement devices in the manual of definitions
12	and specifications published by that department; requiring
13	such signal enforcement devices to conform to the
14	department's manual and specifications; providing for
15	review and approval of the devices by the department;
16	providing procedures for removal of nonconforming devices;
17	providing penalties for failure to conform; providing for
18	exceptions; creating s. 316.1003, F.S.; providing for
19	enforcement of traffic control signals by the Department
20	of Transportation; providing for signal enforcement
21	officers; providing for issuance of citations; providing
22	responsibility and liability for payment of a citation;
23	providing for evidence; prohibiting submission of a false
24	affidavit; providing penalties; providing for restricting
25	issuance of a license plate or revalidation sticker for
26	outstanding violations; providing for collection and
27	distribution of fines; providing that enforcement is
28	supplemental to enforcement by law enforcement officers;
29	requiring rulemaking; amending s. 316.640, F.S.; providing
30	for development of training and qualifications standards
31	for signal enforcement officers; authorizing such officers
32	to enforce traffic control signals; amending s. 316.650,
33	F.S.; providing procedures for citations issued pursuant
34	to s. 316.1003, F.S.; amending s. 318.14, F.S.; providing
35	procedures for disposition of said citations; amending s.
36	318.18, F.S.; providing for payment of a fine to the
37	Department of Transportation in lieu of court; amending s.
38	320.03, F.S.; restricting issuance of a license plate or
39	revalidation sticker for outstanding violations; amending
40	s. 335.09, F.S.; providing for erection and maintenance of
41	traffic control signal enforcement devices; amending s.
42	335.14, F.S.; exempting computerized traffic control
43	signal enforcement devices from the Information Resources
44	Management Act of 1997 and the Commerce Protection Act;
45	providing an effective date.
46
47	Be It Enacted by the Legislature of the State of Florida:
48
49	Section 1. Subsection (23) of section 316.003, Florida
50	Statutes, is amended to read:
51	316.003 Definitions.--The following words and phrases,
52	when used in this chapter, shall have the meanings respectively
53	ascribed to them in this section, except where the context
54	otherwise requires:
55	(23) OFFICIAL TRAFFIC CONTROL DEVICES.--All signs,
56	signals, markings, and devices, not inconsistent with this
57	chapter, placed or erected by authority of a public body or
58	official having jurisdiction for the purpose of regulating,
59	warning, or guiding traffic or enforcing traffic control
60	signals.
61	Section 2. Subsection (1) of section 316.006, Florida
62	Statutes, is amended to read:
63	316.006 Jurisdiction.--Jurisdiction to control traffic is
64	vested as follows:
65	(1) STATE.--The Department of Transportation shall have
66	all original jurisdiction over all state roads throughout this
67	state, including those within the grounds of all state
68	institutions and the boundaries of all dedicated state parks,
69	and may place and maintain such traffic control devices which
70	conform to its manual and specifications upon all such highways
71	as it shall deem necessary to indicate and to carry out the
72	provisions of this chapter or to regulate, warn, or guide
73	traffic or to enforce traffic control signals.
74	Section 3. Section 316.0745, Florida Statutes, is amended
75	to read:
76	316.0745 Uniform signals and devices.--
77	(1) The Department of Transportation shall adopt a uniform
78	system of traffic control devices for use on the streets and
79	highways of the state, which shall include a uniform system of
80	traffic control signal enforcement devices. The uniform system
81	shall, insofar as is practicable, conform to the system adopted
82	by the American Association of State Highway Officials and shall
83	be revised from time to time to include changes necessary to
84	conform to a uniform national system or to meet local and state
85	needs. The Department of Transportation may call upon
86	representatives of local authorities to assist in the
87	preparation or revision of the uniform system of traffic control
88	devices.
89	(2) The Department of Transportation shall compile and
90	publish a manual of uniform traffic control devices which
91	defines the uniform system adopted pursuant to subsection (1),
92	and shall compile and publish minimum specifications for traffic
93	control signals and devices and traffic control signal
94	enforcement devicescertified by it as conforming with the
95	uniform system.
96	(a) The department shall make copies of such manual and
97	specifications available to all counties, municipalities, and
98	other public bodies having jurisdiction of streets or highways
99	open to the public in this state.
100	(b) The manual shall provide for the use of regulatory
101	speed signs in work zone areas. The installation of such signs
102	is exempt from the provisions of s. 335.10.
103	(3) All official traffic control signals and traffic
104	control signal enforcement devicesor official traffic control
105	devices purchased and installed in this state by any public body
106	or official shall conform with the manual and specifications
107	published by the Department of Transportation pursuant to
108	subsection (2).
109	(4) It shall be unlawful for any public body or official
110	to purchase, or for anyone to sell, any traffic control signal,
111	or device, or signal enforcement deviceunless it conforms with
112	the manual and specifications published by the Department of
113	Transportation and is certified to be of such conformance prior
114	to sale. Any manufacturer or vendor who sells any traffic
115	control signal, guide, or directional sign or device or any
116	traffic control signal enforcement devicewithout such
117	certification shall be ineligible to bid or furnish traffic
118	control devices to any public body or official for such period
119	of time as may be established by the Department of
120	Transportation; however, such period of time shall be for not
121	less than 1 year from the date of notification of such
122	ineligibility.
123	(5) It is unlawful for any public body to manufacture for
124	installation or placement any traffic control signal, guide, or
125	directional sign or device or any traffic control signal
126	enforcement deviceunless it conforms to the uniform system of
127	traffic control devices published by the Department of
128	Transportation. It is unlawful for any public body to sell any
129	traffic control signal, guide, or directional sign or device or
130	any traffic control signal enforcement deviceit manufactures to
131	any nongovernmental entity or person.
132	(6) Any system of traffic control devices controlled and
133	operated from a remote location by electronic computers or
134	similar devices shall meet all requirements established for the
135	uniform system, and,where such systems affect the movement of
136	traffic on state roads,the design of the system shall be
137	reviewed and approved by the Department of Transportation.
138	(7) The Department of Transportation is authorized, after
139	hearing pursuant to 14 days' notice, to direct the removal of
140	any purported traffic control device wherever located which
141	fails to meet the requirements of this section. The public
142	agency erecting or installing the same shall immediately remove
143	said device or signal or traffic control signal enforcement
144	deviceupon the direction of the Department of Transportation
145	and may not, for a period of 5 years, install any replacement or
146	new traffic control devices paid for in part or in full with
147	revenues raised by the state unless written prior approval is
148	received from the Department of Transportation. Any additional
149	violation by a public body or official shall be cause for the
150	withholding of state funds for traffic control purposes until
151	such public body or official demonstrates to the Department of
152	Transportation that it is complying with this section.
153	(8) The Department of Transportation is authorized to
154	permit traffic control devices not in conformity with the
155	uniform system upon showing of good cause.
156	Section 4. Section 316.1003, Florida Statutes, is created
157	to read:
158	316.1003 Traffic control signal enforcement.--
159	(1)(a) For the purpose of enforcing s. 316.075, the
160	Department of Transportation shall by rule authorize a signal
161	enforcement officer to issue a uniform traffic citation for a
162	violation of s. 316.075. "Signal enforcement officer" means the
163	designee of the Department of Transportation whose sole
164	authority is to enforce traffic control signals. The Department
165	of Transportation may designate signal enforcement officers
166	pursuant to s. 316.640(1).
167	(b) A citation issued under this subsection may be issued
168	by mailing the citation by first-class mail, or by certified
169	mail, return receipt requested, to the address of the registered
170	owner of the motor vehicle involved in the violation. Mailing
171	the citation to this address constitutes notification. In the
172	case of joint ownership of a motor vehicle, the traffic citation
173	must be mailed to the first name appearing on the registration,
174	unless the first name appearing on the registration is a
175	business organization, in which case the second name appearing
176	on the registration may be used. A citation issued under this
177	paragraph must be mailed to the registered owner of the motor
178	vehicle involved in the violation within 14 days after the date
179	of issuance of the violation. In addition to the citation,
180	notification must be sent to the registered owner of the motor
181	vehicle involved in the violation specifying remedies available
182	under ss. 318.14(13) and 318.18(13).
183	(c) The owner of the motor vehicle involved in the
184	violation of s. 316.075 is responsible and liable for payment of
185	a citation issued for that violation, unless the owner can
186	establish that the motor vehicle was, at the time of the
187	violation, in the care, custody, or control of another person.
188	In order to establish such facts, the owner of the motor vehicle
189	is required, within 14 days after notification of the citation,
190	to furnish to the Department of Transportation an affidavit
191	setting forth:
192	1. The name, address, date of birth, and, if known, the
193	driver license number of the person who leased, rented, or
194	otherwise had the care, custody, or control of the motor vehicle
195	at the time of the alleged violation; or
196	2. If stolen, the police report indicating that the
197	vehicle was stolen at the time of the alleged violation.
198
199	Upon receipt by the Department of Transportation of an
200	affidavit, the person designated as having care, custody, or
201	control of the motor vehicle at the time of the violation of s.
202	316.075 may be issued a citation for that violation. The
203	affidavit shall be admissible in a proceeding pursuant to this
204	section for the purpose of proving that the person identified in
205	the affidavit had actual care, custody, or control of the motor
206	vehicle at the time of the violation.
207	(d) A written report of a signal enforcement officer or
208	photographic evidence that indicates the violation of s. 316.075
209	is admissible in any proceeding to enforce this section and s.
210	316.075 and raises a rebuttable presumption that the motor
211	vehicle named in the report or shown in the photographic
212	evidence was used in the violation of s. 316.075.
213	(2) The submission of a false affidavit is a misdemeanor
214	of the second degree, punishable as provided in s. 775.082 or s.
215	775.083.
216	(3) The Department of Transportation may supply the
217	department with data that is machine readable by the
218	department's computer system listing persons who have one or
219	more outstanding violations of s. 316.075. Pursuant to s.
220	320.03(8), those persons may not be issued a license plate or
221	revalidation sticker for any motor vehicle.
222	(4) The Department of Transportation shall remit the
223	moneys collected for the fines paid under ss. 318.14(13) and
224	318.18(13) to the Department of Revenue. The Department of
225	Revenue shall distribute the funds received as follows:
226	(a) Three percent annually to the Brain and Spinal Cord
227	Injury Program in the Department of Health, up to a total of
228	$500,000 per year.
229	(b) Seventeen percent annually to the Johnnie Bryars Byrd,
230	Sr., Trust Fund for Alzheimer's Research, up to a total of $3
231	million per year.
232	(c) One and one-half percent annually to MADD Broward, up
233	to a total of $250,000 per year, which shall be used for MADD
234	About Music to pay for educational programs to encourage teens
235	to abstain from underage drinking and substance abuse.
236	(d) One and one-half percent annually to the Florida
237	Endowment Foundation for Vocational Rehabilitation, up to a
238	total of $250,000 per year, which shall be used for the personal
239	care attendant program.
240	(e) Seventy-seven percent annually to the Department of
241	Elderly Affairs, up to a total of $13.2 million per year, to be
242	distributed equally among the area agencies on aging to provide
243	for a transportation resource intervention program for
244	individuals over 79 years of age who become unable to drive. The
245	program shall identify and coordinate transportation resources
246	and services available to address the needs of such individuals
247	and to assist in the transition of an independent lifestyle to
248	one that requires assistance.
249
250	All remaining funds shall be deposited into the General Revenue
251	Fund.
252	(5) This section supplements the enforcement of s. 316.075
253	by law enforcement officers and does not prohibit a law
254	enforcement officer from issuing a citation for a violation of
255	s. 316.075 in accordance with normal traffic enforcement
256	techniques; however, no more than one citation for a violation
257	of s. 316.075 arising from the same incident shall be
258	enforceable.
259	(6) The Department of Transportation shall develop and
260	adopt rules necessary to implement the provisions of this
261	section.
262	Section 5. Paragraph (b) of subsection (1) of section
263	316.640, Florida Statutes, is amended to read:
264	316.640 Enforcement.--The enforcement of the traffic laws
265	of this state is vested as follows:
266	(1) STATE.--
267	(b)1. The Department of Transportation has authority to
268	enforce on all the streets and highways of this state all laws
269	applicable within its authority.
270	2.a. The Department of Transportation shall develop
271	training and qualifications standards for toll enforcement
272	officers whose sole authority is to enforce the payment of tolls
273	pursuant to s. 316.1001. Nothing in this subparagraph shall be
274	construed to permit the carrying of firearms or other weapons,
275	nor shall a toll enforcement officer have arrest authority.
276	b. For the purpose of enforcing s. 316.1001, governmental
277	entities, as defined in s. 334.03, which own or operate a toll
278	facility may employ independent contractors or designate
279	employees as toll enforcement officers; however, any such toll
280	enforcement officer must successfully meet the training and
281	qualifications standards for toll enforcement officers
282	established by the Department of Transportation.
283	3. The Department of Transportation shall develop training
284	and qualifications standards for signal enforcement officers
285	whose sole authority is to enforce traffic control signals
286	pursuant to s. 316.1003. Nothing in this subparagraph shall be
287	construed to permit the carrying of firearms or other weapons,
288	nor shall a signal enforcement officer have arrest authority.
289	(8) TRAFFIC ENFORCEMENT AGENCY.--Any agency or
290	governmental entity designated in subsection (1), subsection
291	(2), or subsection (3), including a university, a community
292	college, a school board, or an airport authority, is a traffic
293	enforcement agency for purposes of s. 316.650.
294	Section 6. Subsection (3) of section 316.650, Florida
295	Statutes, is amended to read:
296	316.650 Traffic citations.--
297	(3)(a) Except for a traffic citation issued pursuant to s.
298	316.1001 or s. 316.1003, each traffic enforcement officer, upon
299	issuing a traffic citation to an alleged violator of any
300	provision of the motor vehicle laws of this state or of any
301	traffic ordinance of any city or town, shall deposit the
302	original and one copy of such traffic citation or, in the case
303	of a traffic enforcement agency which has an automated citation
304	issuance system, shall provide an electronic facsimile with a
305	court having jurisdiction over the alleged offense or with its
306	traffic violations bureau within 5 days after issuance to the
307	violator.
308	(b) If a traffic citation is issued pursuant to s.
309	316.1001 or s. 316.1003, a traffic enforcement officer may
310	deposit the original and one copy of such traffic citation or,
311	in the case of a traffic enforcement agency that has an
312	automated citation system, may provide an electronic facsimile
313	with a court having jurisdiction over the alleged offense or
314	with its traffic violations bureau within 45 days after the date
315	of issuance of the citation to the violator.
316	Section 7. Subsections (2) and (4) of section 318.14,
317	Florida Statutes, are amended, and subsection (13) is added to
318	said section, to read:
319	318.14 Noncriminal traffic infractions; exception;
320	procedures.--
321	(2) Except as provided in ss. s. 316.1001(2) and 316.1003,
322	any person cited for an infraction under this section must sign
323	and accept a citation indicating a promise to appear. The
324	officer may indicate on the traffic citation the time and
325	location of the scheduled hearing and must indicate the
326	applicable civil penalty established in s. 318.18.
327	(4) Except as provided in subsections subsection (12) and
328	(13), any person charged with a noncriminal infraction under
329	this section who does not elect to appear shall pay the civil
330	penalty and delinquent fee, if applicable, either by mail or in
331	person, within 30 days after the date of issuance of the
332	citation. If the person cited follows the above procedure, he or
333	she shall be deemed to have admitted the infraction and to have
334	waived his or her right to a hearing on the issue of commission
335	of the infraction. Such admission shall not be used as evidence
336	in any other proceedings. Any person who is cited for a
337	violation of s. 320.0605 or s. 322.15(1), or subject to a
338	penalty under s. 320.07(3)(a) or (b) or s. 322.065, and who
339	makes an election under this subsection shall submit proof of
340	compliance with the applicable section to the clerk of the
341	court. For the purposes of this subsection, proof of compliance
342	consists of a valid driver's license or a valid registration
343	certificate.
344	(13) Any person cited pursuant to s. 316.1003 for a
345	violation of s. 316.075 may, in lieu of making an election as
346	set forth in subsection (4), elect to pay his or her fine
347	directly to the Department of Transportation within 30 days
348	after the date of issuance of the citation. Any person cited
349	under s. 316.1003 for a violation of s. 316.075 who does not
350	elect to pay the fine directly to the Department of
351	Transportation as described in this subsection shall have an
352	additional 45 days after the date of the issuance of the
353	citation in which to pay the civil penalty and delinquent fee,
354	if applicable, as provided in s. 318.18, either by mail or in
355	person, in accordance with subsection (4).
356	Section 8. Subsection (13) is added to section 318.18,
357	Florida Statutes, to read:
358	318.18 Amount of civil penalties.--The penalties required
359	for a noncriminal disposition pursuant to s. 318.14 are as
360	follows:
361	(13) The penalty for a violation of s. 316.075 cited
362	pursuant to s. 316.1003 shall be as provided in this section,
363	and all court costs, fees, and surcharges provided for in this
364	chapter shall apply. However, within 30 days after issuance of
365	the citation, a person may elect to pay $100 to the Department
366	of Transportation, in which case adjudication shall be withheld,
367	no points shall be assessed under s. 322.27, and said court
368	costs, fees, and surcharges provided for in this chapter shall
369	not apply. Any funds received by the Department of
370	Transportation for this violation shall be distributed as
371	provided for in s. 316.1003.
372	Section 9. Subsection (8) of section 320.03, Florida
373	Statutes, is amended to read:
374	320.03 Registration; duties of tax collectors;
375	International Registration Plan.--
376	(8) If the applicant's name appears on the list referred
377	to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a
378	license plate or revalidation sticker may not be issued until
379	that person's name no longer appears on the list or until the
380	person presents a receipt from the clerk showing that the fines
381	outstanding have been paid. If the applicant's name appears on
382	the list referred to in s. 316.1003(3), a license plate or
383	revalidation sticker may not be issued until that person's name
384	no longer appears on the list or until the person presents a
385	receipt from the Department of Transportation showing that the
386	fines outstanding have been paid.The tax collector and the
387	clerk of the court are each entitled to receive monthly, as
388	costs for implementing and administering this subsection, 10
389	percent of the civil penalties and fines recovered from such
390	persons. As used in this subsection, the term "civil penalties
391	and fines" does not include a wrecker operator's lien as
392	described in s. 713.78(13). If the tax collector has private tag
393	agents, such tag agents are entitled to receive a pro rata share
394	of the amount paid to the tax collector, based upon the
395	percentage of license plates and revalidation stickers issued by
396	the tag agent compared to the total issued within the county.
397	The authority of any private agent to issue license plates shall
398	be revoked, after notice and a hearing as provided in chapter
399	120, if he or she issues any license plate or revalidation
400	sticker contrary to the provisions of this subsection. This
401	section applies only to the annual renewal in the owner's birth
402	month of a motor vehicle registration and does not apply to the
403	transfer of a registration of a motor vehicle sold by a motor
404	vehicle dealer licensed under this chapter, except for the
405	transfer of registrations which is inclusive of the annual
406	renewals. This section does not affect the issuance of the title
407	to a motor vehicle, notwithstanding s. 319.23(7)(b).
408	Section 10. Section 335.09, Florida Statutes, is amended
409	to read:
410	335.09 Uniform erection and maintenance of traffic control
411	devices.--The department shall erect and maintain a uniform
412	system of signs, signals, markings, and other traffic control
413	devices and signal enforcement devicesfor the regulation,
414	control, guidance, and protection of traffic and the enforcement
415	of traffic control signalson the State Highway System. Such
416	system shall conform to the department's uniform system of
417	traffic control devices adopted pursuant to s. 316.0745.
418	Section 11. Subsection (2) of section 335.14, Florida
419	Statutes, is amended to read:
420	335.14 Traffic control devices on State Highway System or
421	State Park Road System; exemption for computerized traffic
422	systems and control devices.--
423	(1) All traffic control devices installed on any road on
424	the State Highway System or State Park Road System shall conform
425	to the uniform system of traffic control devices adopted
426	pursuant to s. 316.0745. No such device shall be installed on
427	the State Highway System without the approval of the department
428	and, if the road is a federal-aid road, the additional
429	concurrence of the Federal Highway Administration. Any such
430	device that is installed without such approval may be removed
431	without payment to the owner if, upon request by the department,
432	the owner refuses to remove such device.
433	(2) Computerized traffic systems and control devices which
434	are used solely for the purpose of motor vehicle traffic
435	control, and surveillance, and signal enforcementshall be
436	exempted from the provisions of chapter 282.
437	Section 12. This act shall take effect upon becoming a
438	law.